of July 3, 2018 No. 610
About approval of the Regulations on the Government
Based on Item and) article 7 of the Law No. 136 of July 7, 2017 on the Government (The official monitor of the Republic of Moldova, 2017, No. 252, the Art. 412) DECIDES: the Government
1. Approve Regulations on the Government it (is applied).
2. The state office together with public organization "Agency of Electronic Control" and public organization "Service of Information Technologies and Cybernetic Safety" to take necessary measures for implementation in process of development and promotion of drafts of acts of the Government of technical technology solutions according to provisions of the regulatory base in the field.
3. Requirements of Chapter V of the Regulations on the Government are applied from the effective date the Law No. 100 of December 22, 2017 on regulations.
4. Declare invalid the Order of the Government No. 34 of January 17, 2001. "About approval of Regulations of the Government of the Republic of Moldova" (The official monitor of the Republic of Moldova, 2001, Art. No. 8-10, 73), with subsequent changes and amendments.
Approved by the Order of the Government of the Republic of Moldova of July 3, 2018 No. 610
1. According to the Constitution of the Republic of Moldova, the Law No. 136 of July 7, 2017 on the Government and other laws, the Regulations on the Government (further - the Provision) establish procedure for the organization and functioning of the Government, including organizational framework of activities of the Government in general and members of the government in particular, procedure for the organization and holding meetings of the Government, acts of the Government and the Prime Minister, the procedure of development and promotion of drafts of acts of the Government, monitoring and control of accomplishment of tasks by the ministries, other central administrative authorities, the relations of the Government with them, and also with Parliament, the President of the Republic of Moldova, National Bank of Moldova, Audit Chamber and the Prosecutor General's Office.
2. The government is public body which represents and performs the executive authority in the Republic of Moldova directly and/or through the ministries, other central administrative authorities and organizational structures within the sphere of competence, and also by means of cooperation with bodies of local public authority.
3. The government is collegiate organ which performs the mission and functions by prinyatiyanormativny acts at the meetings organized according to provisions of the Law on the Government and this provision.
4. Activities of the Government are aimed at providing realization of common interests of society by execution of provisions of the Constitution of the Republic of Moldova, the Law on the Government, Programs of the activities approved by Parliament, other regulations, international treaties which party the Republic of Moldova is, and also on the solution of questions of public management in the areas carried to its competence by the law.
4-1. The investiture, execution and the termination of powers of the Government are regulated by the Constitution of the Republic of Moldova and the Law No. 136/2017 on the Government.
4-2. The government performs powers from the date of bringing of the oath by his members before the President of the Republic of Moldova and before date of recognition valid elections of new Parliament.
5. When implementing the prerogatives of the executive authority in the state the Government accepts resolutions, ordinances and orders, procedure for development and which promotions it is regulated by this Provision.
6. The government is responsible for the activities before Parliament.
7. The government, is direct or through the public bodies / organizations subordinated to it, informs the public on the activities and provides in the conditions established by the law, platforms for involvement of the physical persons and legal entities to decision making process which are of great importance.
8. The government provides creation of conditions for participation of civil society in decision making process on the questions connected with development and implementation of state policy in areas for which bears responsibility.
9. In the this provision sense, the member of the government is understood as the Prime Minister, the First Deputy Prime Minister, deputy prime ministers and ministers, and also other members of the government established by the organic law.
9-1. The government which powers are stopped performs only powers on management of public affairs. The government which powers are stopped, the powers having no right to perform provided in part (2) article 15 of the Law No. 136/2017 on the Government.
9-2. During implementation of activities of the Government which powers are stopped the prohibitions established in Items e) - g) parts (2) the Law No. 136/2017 on the Government, are applied as appropriate to the Prime Minister, the First Deputy Prime Minister, deputy prime ministers and ministers.
9-3. The Prime Minister, in case of the termination of powers of the Government has the right to the state protection and the car within at least one year from the date of the termination of powers, and also to the diplomatic passport, according to the law.
10. The government plans the activities on basis and for the purpose of implementation of the Program of activities.
11. The program of activities of the Government is the main political act which determines main objectives of development of the country during the term for which the Government is given authority, approved with the strategic priorities following from the National development strategy and other strategic documents the politician and also with the international obligations undertaken by the Republic of Moldova, in particular with obligations on the European integration.
12. The Government develops for implementation of the Program of activities and approves the Action plan on its implementation, determines strategic objectives and the directions of policy of the state and way of their realization in spheres of activity for which bears responsibility, develops and submits for consideration to Parliament tax budget policy and drafts of the laws on the government budget, about the budget of the national social insurance and about funds of compulsory medical insurance, and also undertakes any other measures necessary for realization of policy of the state in the spheres of activity carried by the law to competence of the Government.
13. Members of the government provide unity of the Government, bear collective responsibility for results of activities of the Government in general and the personal liability for the fields of activity carried to their competence.
14. Members of the government act according to official position of the Government and perform the activities according to this line item.
15. For the purpose of ensuring accomplishment of the functions and powers the Government can create the commissions, committees and working groups which perform the activities according to the provisions approved by the Government. For providing the organization of execution of provisions of the law, and also in the cases which are directly provided by the law, the Government creates councils, procedure for the organization and which functioning it is established in regulations on their activities.
16. The action plan of the Government is the planning document of activities of the Government for all term of office and affirms for the purpose of program implementation of activities of the Government.
17. The state office bears responsibility for the organization of process of development and promotion for consideration at meeting of the Government of the Action plan of the Government. For this purpose the State office approves instructions about procedure for introduction by the ministries and other central administrative authorities of offers according to the plan of activities of the Government.
18. Within a month from the date of provision of vote of confidence to the Government, the ministries and other central administrative authorities represent to the State office of the offer for inclusion in the Action plan of the Government which will be directed to accomplishment of the tasks established in the Program of activities of the Government.
19. Offers of the ministries and other central administrative authorities shall contain:
1) the specific actions directed to accomplishment of specific objective of the Program of activities of the Government;
2) the body responsible for execution of action and, as necessary, other competent authorities of the public power which will give support in realization of this action;
3) completion dates;
4) progress indicators;
5) other specific requirements established by the State office.
20. The ministries and other central administrative authorities in the course of development of offers according to the plan of actions of the Government shall interact with autonomous administrative authorities which do not submit to the Government, for the purpose of inclusion of their possible offers in spheres of activity for which bear responsibility.
21. Based on the offers provided by the ministries and other central administrative authorities, the State office within a month after the expiration of submission of offers of the ministries and other central administrative authorities develops and submits to the Government for approval the draft of the Action plan of the Government.
22. The state office performs monitoring of accomplishment of the Action plan of the Government and annually, until the end of the first quarter of the year following the accounting period submits to the Government the report on the course of its implementation. If as a result of monitoring the State office establishes need of modification of the Action plan of the Government, it, according to the procedure established by this Provision initiates the corresponding project about modification.
23. The government provides continuity of the activities.
24. In case of the termination of the mandate of the Government the secretary general of the ministry provides development of analytical information on the current situation in field of activity for which the ministry, including the main indicators of development of the respective area, identification of the existing problems and submission of offers on their permission bears responsibility.
25. Information provided in Item 24, is submitted to the State office.
26. The state office generalizes information provided by the ministries according to Item 24, and represents it to the Prime Minister.
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